NOTE: The governor signed this measure on 5/3/2013.
      
      
      HOUSE BILL 13-1220
      
      
      BY REPRESENTATIVE(S) Salazar, Buckner, Ginal, Hamner,
      Hullinghorst, Labuda, McLachlan, Melton, Moreno, Peniston, Pettersen,
      Primavera, Rosenthal, Schafer, Williams, Young;
      also SENATOR(S) Heath, Carroll, Giron, Guzman, Hodge, Hudak,
      Johnston, Jones, Kefalas, Newell, Nicholson, Todd, Morse.
      
      
      Concerning the confidentiality of an individual educator's
           performance data.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, amend 22-9-109 as
      follows:
      
           22-9-109.  Exemption from public inspection. (1)  Notwithstanding
      the provisions of section 24-72-204 (3), C.R.S., the evaluation report and
      all public records as defined in section 24-72-202 (6), C.R.S., used in
      preparing the evaluation report shall be confidential and shall be available
      only to the licensed person being evaluated, to the duly elected and
      appointed public officials who supervise his or her work, and to a hearing
      officer conducting a hearing pursuant to the provisions of section 22-63-302
      or the court of appeals reviewing a decision of the board of education
      pursuant to the provisions of section 22-63-302; except that:
      
           (a)  The evaluation report of the chief executive officer of any school
      district, as it relates to the performance of the chief executive officer in
      fulfilling the adopted school district objectives, fiscal management of the
      district, district planning responsibilities, and supervision and evaluation of
      district personnel, shall must be open for inspection by any person at
      reasonable times; and
      
           (b)  Evaluation reports and all public records as defined in
      section 24-72-202 (6), C.R.S., used in preparing the evaluation
      reports are available to individuals responsible for reviewing an
      appeal made by a nonprobationary teacher pursuant to section
      22-9-106 (4.5) (b).
      
           (2)  Nothing in this section shall prevent a school district
      or a board of cooperative services from collecting information
      concerning an individual educator's performance evaluation
      ratings and student assessment results linked to the individual
      educator. A school district or board of cooperative services may
      use the information collected to fulfill its duties as required by
      law, including reporting this information in the aggregate at the
      state, district, or school level. In such instances, the identity of
      individual educators or students, including but not limited to
      student assessments results linked to the individual educator,
      must otherwise remain confidential and must not be published or
      publicly disclosed in any way that would identify an individual
      educator.
      
           (3)  Nothing in this section shall prevent the use of data
      collected by the department for bona fide research, when the
      data is obtained pursuant to the department's protocols for
      release of data for research purposes and is used in a manner that
      protects the identity of individual educators and adheres to the
      applicable provisions of the federal "Family Education Rights and
      Privacy Act of 1974", 20 U.S.C. sec. 1232 g.
      
           SECTION 2.  Safety clause. The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Mark Ferrandino                         John P. Morse
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO